(PC) Garland v. Rackley et al, No. 2:2015cv01560 - Document 5 (E.D. Cal. 2015)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/16/15 ORDERING that the Clerk of Court shall randomly assign aDistrict Judge to this action. In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Garland v. Rackley et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER C. GARLAND, 12 Plaintiff, 13 14 No. 2:15-cv-1560 AC P v. ORDER and R. J. RACKLEY, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff commenced this prisoner civil rights action by filing a complaint on July 21, 17 18 2015. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). By order filed August 6, 2015, plaintiff was 20 directed to submit an in forma pauperis application or pay the appropriate filing fee within thirty 21 days. Plaintiff was cautioned that failure to comply with the court’s order would result in a 22 recommendation that this action be dismissed without prejudice. See ECF No. 4. The thirty-day period has expired and plaintiff has not responded to the court’s order. 23 24 Moreover, review of the Inmate Locator Website operated by the California Department of 25 Corrections and Rehabilitation (CDCR)1 indicates that plaintiff may no longer be incarcerated 26 1 27 28 See http://inmatelocator.cdcr.ca.gov/ (Inmate Locator website operated by the California Department of Corrections and Rehabilitation). This Court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be (continued…) 1 Dockets.Justia.com 1 2 3 4 5 6 under the authority of CDCR. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a District Judge to this action. In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge 7 assigned to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty one days 8 after service of these findings and recommendations, plaintiff may file written objections with the 9 court; such document should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 11 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 12 Cir. 1991). 13 DATED: September 16, 2015 14 15 16 17 18 19 20 21 22 23 24 25 26 27 questioned. Fed. R. Evid. 201; see also City of Sausalito v. O’Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004) (“We may take judicial notice of a record of a state agency not subject to reasonable dispute.”). 28 2
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